Estate Tax Repeal Is Not a Temporary or Permanent Certainty: How to Plan Now

The future of the gift, estate and GST tax system is uncertain. The Trump administration might repeal the estate and GST tax (although it is not clear that there is an intent to repeal the gift tax), provide for a capital gains tax on death (and perhaps a capital gains tax on gift), provide for a carryover basis at death, or some other variation of these. Many estate planners have suggested that clients put most planning on hold pending the outcome. Other advisers have suggested completing low risk planning. This presumably means low gift tax exposure planning, but what that means in light of the recent True case may be uncertain as to note sales. This might include gifts to irrevocable trusts that use remaining gift tax exemption, near zeroed out GRATs, and perhaps other transactions. While deferring or severely limiting planning because of uncertainty is a seductive answer, it may not prove optimal. Might assets in irrevocable trusts prior to an enactment of a capital gains on death or gift avoid that tax? There are more creative answers to preserve planning flexibility and perhaps benefit. This CLE course, and detailed accompanying power point, will provide practitioners with guidance.

Instructor Bio

Martin Shenkman

Martin M. Shenkman, CPA, MBA, PFS, AEP (distinguished), JD, is an attorney in private practice in Paramus, New Jersey and New York City. Practice concentrates on estate and tax planning. He is the author of 42 books and more than 1,000 articles. He is active in many charitable causes and founded ChronicIllnessPlanning.org which educates professional advisers on planning for clients with chronic illness and disability. He has a Bachelor of Science degree from Wharton School, with a concentration in accounting and economics, an MBA from the University of Michigan, with a concentration in tax and finance, and a law degree from Fordham University School of Law.

Jonathan Blattmachr

Mr. Blattmachr is a Principal in ILS Management, LLC and a retired member of Milbank Tweed Hadley & McCloy LLP in New York, NY and of the Alaska, California and New York Bars. He is recognized as one of the most creative trusts and estates lawyers in the country and is listed in The Best Lawyers in America. He has written and lectured extensively on estate and trust taxation and charitable giving.

Mr. Blattmachr graduated from Columbia University School of Law cum laude, where he was recognized as a Harlan Fiske Stone Scholar, and received his A.B. degree from Bucknell University, majoring in mathematics. He has served as a lecturer-in-law of the Columbia University School of Law and is an Adjunct Professor of Law at New York University Law School in its Masters in Tax Program (LLM). He is a former chairperson of the Trusts & Estates Law Section of the New York State Bar Association and of several committees of the American Bar Association. Mr. Blattmachr is a Fellow and a former Regent of the American College of Trust and Estate Counsel and past chair of its Estate and Gift Tax Committee. He is author or co-author of five books and more than 400 articles on estate planning and tax topics.

Among professional activities, which are too numerous to list, Mr. Blattmachr has served as an Advisor on The American Law Institute, Restatement of the Law, Trusts 3rd; and as a Fellow of The New York Bar Foundation and a member of the American Bar Foundation.

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